Different standards apply to monitoring different locations, such as a home compared to a car.Unique standards apply to certain forms of data, such as DNA.

Standard for access is tech neutral.

Standard for access is tech neutral.

Standard for access is tech. neutral.

Standards for law enforcement are tech neutral, but distinguish between access in real-time versus stored. National security standards generally the same for stored and real-time, but vary for radio.

Stored (cloud) data – different std (third party doctrine)

Separate provisions for stored vs. real-time access.

Issue currently unresolved by the Supreme Federal Court.

Cloud data may lose reasonable expectation of privacy.

Cloud data subject to greater protections

Communications are only protected from direct “interception” by government.

Third party access does not destroy an expectation of privacy.

Unclear

Unclear

Unclear

Unclear

Telecommunication service providers must obtain consent from the data subject before providing personal information to a third party, including government, absent a warrant (Telecommunication Business Act)

Telecommunications operators are required to retain traffic data (including location data, and Internet logs ) for one year. Hosting providers are required to retain similar logs relating to persons who create or store data using their hosting service